E-Paper
Can dissolve marriage on ground of ‘irretrievable breakdown’, says Supreme Court
A Constitution bench ruled that Supreme Court can dissolve a marriage on the ground of irretrievable breakdown.
A Constitution bench on Monday ruled that the Supreme Court can dissolve a marriage on the ground of irretrievable breakdown by dispensing with the need for the waiting period as required under the marital laws.
The Supreme Court’s five-judge Constitution bench held that it can dissolve a marriage on the ground of irretrievable breakdown of the marriage by invoking special power granted to it under Article 143 of the Constitution and that the mandatory waiting period of six months for divorce through mutual consent can be dispensed with subject to conditions.
Article 142 of the Constitution deals with the enforcement of decrees and orders of the apex court to do “complete justice” in any matter pending before it.
“We have…. held that it is possible for this court to dissolve the marriage on the ground of irretrievable breakdown of marriage,” the bench, also comprising justices Sanjiv Khanna, AS Oka, Vikram Nath and JK Maheshwari, said.
The Supreme Court delivered the verdict on a batch of petitions relating to the exercise of its vast powers under Article 142 of the Constitution to dissolve broken-down marriages between consenting couples without referring them to family courts for protracted judicial proceedings to get the decree of separation.
